Johnston
Johnston v. Sonoma County Agricultural Preservation & Open Space District
Opinion
lead Opinion
Rchia, J.
*976 Opinion
John R. Johnston, a Sonoma County landowner, appeals from an order denying his petition for writ of mandate against respondent Sonoma County Agricultural Preservation and Open Space District (District). Appellant sought the writ to set aside the District’s approval of the conveyance of a utility easement to real party in interest City of Santa Rosa (City) across a portion of the Mayacamas Mountain Sanctuary, owned by real party in interest National Audubon Society but subject to a “Forever Wild” conservation easement held by the District.
This is a case of first impression. The positions of the parties are straightforward: appellant contends the conveyance of the utility easement over property preserved for open space was invalid because the District failed to obtain voter or legislative approval pursuant to Public Resources Code section 5540. The District, the City, and the Audubon Society argue the statute applies only to voluntary transfers of interests in real property preserved for open space, and that the transfer of the utility easement was involuntary, in lieu of certain condemnation by the City. We agree with respondents’ position and affirm.